Title 12, Title 12: COMMERCE AND NAVIGATION

12:3-38. Investigation by board on petition of riparian owner The board of commerce and navigation may, upon petition of any riparian owner, investigate the facts relative to any lease or grant of riparian lands purporting to have theretofore been made under authority of any legi…

12:3-39. Execution of confirmatory lease or grant; consideration; effect If the board finds that it is equitable and just that such a confirmatory lease or grant be executed in consideration of the moneys theretofore paid to the state on account of the lease or grant, or upon pay…

12:3-4. Repeal of Wharf Act of 1851; reclaiming or building upon lands under tidewaters; consent of department; prior grants and licenses The repeal of the act entitled "An act to authorize the owners of lands under tidewaters to build wharves in front of the same," approved Marc…

12:3-40. Grant of additional lands; consideration The board may consider, under a petition filed under section 12:3-38 of this title, the granting of additional lands under water adjacent to the lands to be covered by any confirmatory lease or grant, provided the petitioner shall…

12:3-41. Character of lands affected The lands to be affected by sections 12:3-38 to 12:3-40 of this title shall be lands which are now or were formerly under the tidewaters of this state. Any lease or grant of new areas or by way of confirmation may be based upon the original na…

12:3-42. Facts to be considered by board in determining whether confirmatory lease or grant should be granted The board may, in reaching its conclusion that it is equitable and just to confirm in a present riparian owner title to lands now or formerly under tidal waters which he …

12:3-43. When grant may be executed to petitioner Any lease or grant which shall be authorized under a petition filed in accordance with section 12:3-38 of this title may be in fact executed to the petitioner, or his heirs, devisees or assigns, provided that the grantee named in …

12:3-44. Who entitled to confirmatory lease or grant Any person owning riparian lands shall be deemed to be entitled to the benefits of sections 12:3-38 to 12:3-43 of this title.

12:3-45. Erroneous grant to other than riparian owner; valid unless riparian owner acts Whenever: a. The board of commerce and navigation has granted or shall hereafter grant any lands of the state flowed by tidewater to any person erroneously claiming to be and not being the rip…

12:3-46. Grant to named grantee in default of application and payment by riparian owner In default of such application and payment of or security for the price of the lands by the riparian owner within the period of five years of occupation of the lands, the board, on application…

12:3-47. Additional consideration for further grant If the board shall determine that the original consideration paid to the state for the supposed grant was not the reasonable, fair and adequate value of the lands so occupied, as of the date of the supposed grant, the applicant …

12:3-48. List of riparian leases in arrears The state treasurer shall, on or before the first Tuesday in January in each year, make out a list of all riparian leases held by the state on which rentals are in arrears and unpaid for the space of one year, and transmit the same to t…

12:3-49. Re-entry under covenant by board on behalf of state when rent unpaid Where a riparian lease, the rentals of which are unpaid for the space of one year, contains a covenant or condition that upon nonpayment of the yearly rent or sum reserved at the time or times fixed for…

12:3-5 Conveyances or leases to grantee or licensee under legislative act; amount of rental or purchase price; conversion of lease into conveyance; rights of grantee or licensee. 12:3-5. In case any person or corporation who by any legislative act, is a grantee or licensee, or ha…

12:3-50. Manner of re-entry Such entry shall be made by the board or any member thereof, by going on the land and announcing in the presence of one or more witnesses that all rights under the lease are forfeited to the state.

12:3-51. Notice Before the entry is made the board shall give notice: a. By publication at least once a week for six weeks in a newspaper published in the county in which the land covered by the lease is situate; or b. By serving a copy of the notice personally on the lessee, his…

12:3-52. Contents of notice The notice so to be published or served shall set forth: a. The name of the person to whom the lease was granted; b. The name of the person holding the lease by devise, grant, assignment or otherwise, if known to the board; and c. A statement that if t…

12:3-53. Report by board to state treasurer After such notice shall have been published or served and entry made on the land described in the lease, the board shall report to the state treasurer the fact of such publication or service and entry on the land, and: a. In case the no…

12:3-54. State treasurer to transmit original lease to board; new lease or grant Upon receipt of the report of the board, the state treasurer shall transmit forthwith to the board the original lease of the land on which entry shall have been made. Thereupon the board may, in the …

12:3-55. Certificate of re-entry and repossession; recording; fee Upon making entry and taking possession of any lands described in any such lease, the board shall execute its certificate certifying to the re-entry and repossession and describing the lands re-entered and reposses…

12:3-56. Rights of state as to unpaid rentals not affected All rights, at law or in equity, which had accrued to the state for the rentals in arrears and unpaid up to the expiration of the time fixed in the notice mentioned in sections 12:3-51 and 12:3-52 of this title shall not …

12:3-57. State treasurer released from responsibility under original lease The state treasurer, upon returning to the board the original lease of the land upon which re-entry has been made, shall be released from all responsibility arising from the lease.

12:3-58. Declared a nuisance The mooring, grounding or otherwise attaching or fastening of a boat, barge or raft to or upon the riparian lands of the state and permitting the same to remain so for a period of ten days shall constitute a nuisance.

12:3-59. Misdemeanor Any person who shall willfully moor, ground or otherwise attach or fasten, or authorize, cause or permit to be moored, grounded or otherwise attached or fastened, any boat, barge or raft to or upon the riparian lands of the state, for a period of more than te…

12:3-6. Payment of or security for purchase money or rentals for lands below high-water mark No grant hereafter made, extending beyond the line of high-water mark, shall be in force or operation as to so much thereof as extends below said line of high-water mark, until the grante…

12:3-60. Proceeding by board for removal of boat, barge or raft; lien for costs of removal In addition to any proceedings which may be had under sections 12:3-58 and 12:3-59 of this title, the board of commerce and navigation may remove or cause to be removed any such boat, barge…

12:3-61. Enforcement of lien by sale; notice; fees and costs; disposition of proceeds Upon the removal by the department of a boat, barge or raft in accordance with section 12:3-60 of this Title, it shall enforce the lien thereby given for the cost of the removal by sale of the b…

12:3-62. Expenses paid by state treasurer; reimbursement The cost and expense of removing any such boat, barge or raft shall be paid by the state treasurer upon the certificate of the board. The proceeds of any sale up to the amount of the cost of removal, together with the fees …

12:3-63. Lands devoted to park purposes excepted Nothing in this article shall apply to riparian lands of the state devoted by the state to public park purposes.

12:3-64. Acquisition by department; jurisdiction; entry before making compensation; use of lands acquired The Department of Conservation and Economic Development may acquire title, in fee simple, in the name of the State, by gift, devise or purchase or by condemnation in the mann…

12:3-65. Lease or grant of lands acquired; maximum period; restrictions The use and occupation of any lands so acquired, together with all the improvements thereon, may be leased or granted by the board to any person, upon such terms and covenants and for such periods of time not…

12:3-66. Lease or grant to former owner; improvements by lessee or grantee The board may, as a consideration for the transfer of title of any riparian lands to the state, enter into an agreement with the owner thereof to lease and grant, after transfer of title to the state, the …

12:3-67. Operation of commercial enterprise by lessee or grantee The board shall also require that after such improvements have been made and constructed, the lessee or grantee shall, under the supervision and jurisdiction of the board, maintain and operate, during the life of th…

12:3-68. Annual percentage of income in lieu of rent reserved in cash In lieu of rent reserved in cash for the grant or lease of said riparian lands and lands under tidewater, the board may require as rental, for the full term of the grant or lease, an annual percentage of not le…

12:3-69. Moneys received by board from leases and grants All moneys received by the board under the provisions of this article shall be subject to the provisions of law applicable to the receipts from grants or leases of land under tidewater.

12:3-7 Grant of riparian land not improved; notice to riparian owner. 12:3-7. If any person or persons, corporation or corporations, or associations, shall desire to obtain a grant for lands under water which have not been improved, and are not authorized to be improved, under an…

12:3-7.1. Inability to give required notice; notice by publication; effect In the event an applicant for a grant or lease of riparian lands cannot comply with the provisions of Revised Statutes 12:3-7 or Revised Statutes 12:3-23, requiring 6 months notice to the riparian or shore…

12:3-70. Improvements and fixtures and title and goodwill of enterprise to revert to state At the expiration of the term of the grant or lease the title to all improvements, railways, buildings, docks, wharves, bulkheads, machinery, stock and equipment and all chattels comprising…

12:3-71. Laws applicable All grants or leases under the provisions of this article shall be subject to the provisions of existing laws so far as the same are not inconsistent with the terms of this article.

12:3-8. Trespass on lands of state under water; proceedings by attorney general; expenses The department may commence a civil action in the name of the State of New Jersey against persons and corporations trespassing upon or occupying the lands of the State under water, or which …

12:3-9. Grant to person other than riparian owner; procedure In any case where a grant of the lands of the State under water is made by the department to any person other than the riparian owner the State's grantee shall not fill up or improve said lands under water until the rig…

12:4-1. Removing obstructions from rivers and creeks Any person may remove, with as little detriment to the owners of the lands as is possible, all trunks and limbs of trees and like obstructions which hang over or in any way interrupt the navigation of any river or creek in this…

12:4-10. Deposit of solids in certain waters prohibited; fishing rights and discharge of sewage excepted No person shall throw or deposit or cause to be thrown or deposited any solid material of any kind into or upon the navigable waters of the Kill von Kull, Arthur Kill or State…

12:4-11. Violations; misdemeanor; punishment Any person violating the provisions of section 12:4-10 of this title shall be guilty of a misdemeanor, and upon conviction in any county bordering on any of said waters within which the violation occurred, shall, in addition to the cos…

12:4-12. Seizure by pilotage commissioners of vessels used in violations The commissioners of pilotage appointed pursuant to section 12:8-1 of this title or any one of the commissioners may seize any vessel found within the jurisdiction of this state and from which any person is …

12:4-13. Pilotage commissioners to prosecute violations The commissioners of pilotage shall prosecute all violations of this article.